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Home My WebLink AboutResolution 4944 _. . , , . � O� • O '� ,. O S CITY of ORONO � � ° °-y r... � - '�',�, � ° �,�`� RESOLUTION OF THE CITY COUNC�L �`�kEsH.og'� rvo. 4 9 4 � A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) FILE NO. 03-2879 WHEREAS,Gary Hegenes(hereinafter"the applicant")is the owner of the property located at 2675 Shadywood Road, within the City of Orono (hereinafter "the City") and legally described as follows: Tract A, Registered Land Survey No.1453, files of Registrar of Titles, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance from Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow a 20.1' setback where 35' is required in the side yard adjacent to street setback to construct a 330 s.f. (15' x 22') single stall attached • garage addition to the existing garage, in the LR-1B zoning district; and . WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 17,2003,at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS � � 1. This application was reviewed as Zoning File #03-2879. 2. The property is located in the LR-1B Zoning District,where 1 acre is the minimum required lot area. The property consists of approximately 1 acre. 3., The Orono Planning Commission reviewed this application on March 17, 2003 . and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: � Page 1 of 5 � o� � • o � � � � CITY of ORONO ,� � ., �... � . - ti �'� �G'�' " RESOLUTION OF THE CITY COUNCIL �`�kESI304 NO. � � � � A. The proposed addition will not obstruct views of neighboring property owners • and it is well screened by a 6' fence, located along Shadywood Road; B. A detached garage could be built 10' from Shadywood Road without a setback variance; and C. The position of the house on the lot and the lot orientation to the lake presents � unique circumstances for the property owner. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district;that granting the variances will not adversely affect traffic conditions,light,air,nor pose a fire hazard or other danger to neighboring property;would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is • . necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application, including the findings and recommendations of the Planning Commission,reports by City Staff,comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. � CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants variances from Municipal Zoning Code Section-10.24, Subdivision 5 (B) to allow a 20.1' setback where 35' is required in the side yard adjacent to street setback to construct a 330 s.f. (15' x 22') single stall attached garage addition to the existing garage. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant as attached to this resolution as Exhibit A. Any further amendments to the site plan may require further Planning Commission and City Council review. � 2. Approval is subject to the following condition: a) Any existing fabric and plastic hardcover on the property must be removed • ' Page 2 of 5 � �� Q O '�� . � CITY of ORONO S � �'�•i.•.. � ' . . i� ti RESOLUTION OF THE CITY COUNCIL ��`9 og'�G No. � kESB —�-- before a footing inspection will be approved. 3 . Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (March 24, 2004). 4 . Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read,understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. • Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 24th day of March, 2003. ATTEST: �v�-t � `-'�.o��--� l�ocC� � _ 'D�"� . �,City Clerk Barbara A. Peterson, Mayor �ep J � v Property Ow e s) � � - Page 3 of 5 � °� • � �.� r ° � � � . CITY of ORONO , ,a � . �., . _ _ � ,e,;.� ti �',� ' G'�' RESOLUTION OF THE CITY COUNCIL ��kESfI�4� NO. l� � � � STATE OF MINNESOTA COUNTY OF HENNEPIN . � The foregoing instrument was acknowledged before me on this 24th day of March,2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. "a. � � , g .G.,� ��'�� Not Public N(YTPARY�UBLiC-M?�iNESGTIt �f.y C¢nn't�sian Expires Jan..s9,�n�7 �� .�«�_.:�:> . STATE OF MINNESOTA COUNTY OF HENNEPIN ,�� G� The foregop�Pns�ment was acknowledged before me on this �5 day of March,2003 • by in a . ee, City Clerk of the City of Orono, a Minnesota u�unicipal corporation and said instrument was executed on behalf of the City. DENISE M.LESKINEN ;7 � ��8�.'�M��anE�Z�g Notary Public STATE OF MINNESOTA - COUNTY OF HENNEPIN � On this�day of��i/.�? _,2003, ,��r�: � , ��.��CS� R/li a�ersonally appeared before me, who is personally known to me (�whose identity I proved on the basis of_��V I�L whose identity I proved on the oath/affirmation of ,a credible witness ,and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. DENISE M.LESKINEN Notary Public NOTARY FUBLlC-MINNESOTA My Com�sston Exptres Jan.31,2005 • Page 4 of 5 . � °� • � �� ° �.. CITY of ORONO a -��;... � - .� ti ti RESOLUTION OF THE CITY COUNCIL �L� p4��'G N O. � � � �� kESI3 . STATE OF MINNESOTA . COUNTY OF HENNEPIN On this��day of 7v� , 2003, �,r��/eqe�es , �itr��','t� personally appeared before me, who is personally known to me � ✓whose identity I proved on the basis of ,lt/l�t/ �L whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. ;,� DENISE M.LESKWE�d � � NpT/�RYPUBLIC-MIN:�ES07A � Notary Public My�ortunission Expues Jan.31,2:,C5 :. • ' � . Page 5 of 5 � CERTI�ICATE OF SURVEY FOR G A R Y H E G E N ES ;-;�--�.., � �x��-� P� OF TRACT A, R.L.S. N0. 1453 � HENNEPIN COUNTY, MINNESOTA C�"� . � ._:. � �.�. `s'�� 4 g � � � �� s A�e r. , �O ' ` �8 � 'f� �,�4�'' �� O.- O O� � � �'� �O % I � ,�d - ' 0 . , �, . . � � • ��,� �c9 /' , , :;.; �;'�\SURVEY � -•- � LWE b0 � /, � ; �u• scraAac uE O /i h � � � c0 / �O ; h� ` � ^ �,� �'�'� � �°;� � �1�R��D ? �p ' o , o � ,, �c, R-� ` � ° ° o o�,`o°`; , , o 0 0 �/� o o eo , : '� '°` ° � �� ` � 0 0 � C�MC[ ;;',Q 'Q�� ._ ! •�� °o f o- � `�� . (��o66'O �,.�'w ��' � °o ,° " �;,� �"�`�' ti �a�8`?6:2a. _(F ^ .. �o/ u �.. �"° � �s �R., 'v �r - � � � n , � , � ,,� r k� %� _ � ° EXISTING '� ��iOP DPoV[WAY � I. 9r�,A' � CNOa05EO �O � . � �? � �� / � DECX � � a ; f ; ,' HOUSE ,,, I , �,,�+ .✓ +, �'3 ; � , • I / V MI wYppp�q `� ,� f / �fQ( , \ �.J � \ -..� � / U � �� . aa s .00f � .�v ..'u�O O i • ^p�. @J J / � \ � � J ..r �u SS�, � � � � p0,,� \ �`�°t ��,,,r ` a. —� • �-~oQ � . 0� o0 .,yo �ry ?.�R '�.s� ,�� . � •ss ' LEGA� DESCRIPTION OF PREMISES : 7roet A, Registered Lond Survey No. 1453, files ot Registror of 7itles, Hennepin County, Minnesota. o : denotes iron morker • � �� .� Beorings shown are bosed upon en ass�rrnd dotun. ;� . : : 7his survey intends to show the boundaries of the above described propert�, the locotion of an existing house, the location of oll visible "hardcover , (see note below) and the proposed location of a proposed garage and deck thereon. It does not purport to �how any other irtprovenents or encroochrents. N07E : Accuracy of hordcover locotion, and extent of additional hardeover is Iimited by ice and snow cover. REV64N DAtE � OCY.NVfKN 1�EREBr CEl�fiY•H�i tH5 11�+1 SvEUC�ir7K OR RCPoRf SCN[ GRONBERG � ASSOCIATES INC. "A5"�'"`°°Y,��'�°E"w°�.��,^r° '--Z°' AwN � TH.�i 1 AY A pt,�Y�IQtS(p pppC[$9py1(yU{[7�A�p�/UO OAfC ECO � CQ611Ltt+C O+Ct@t5,l/v0 WNEYORS,4fE Rk+FRS wectta uca nE urs a n[si�r[v�eic�u OJ-07-03 OEO�ED �45 N YltLOW OR. �ONC�AICE.I.N.55356 MSC - 95T-473-4141 � � -�-'�'�> �� wrt ►-�-�: w�cc�acrwr•a...t:_-f� 03-073 03-•0)J